People v. Diaz

I respectfully dissent.

1

At the outset it must be stressed that defense counsel engaged in serious misconduct. It passes my understanding how the experienced trial judge let her get away with it. In the absence of any evidence to that effect, she stated to the jury in substance that the defendant bought the property from another but could not take the stand to name his seller lest he jeopardize his life. Who can blame the prosecutor for crying out in response: “We have absolutely no evidence whatsoever that says he’s a fence .... The only person that said he was a fence or middleman is his…